Wellington, New Zealand

Rights Aotearoa (formerly Countering Hate Speech Aotearoa) today strongly condemned Associate Health Minister Casey Costello for issuing a discriminatory directive targeting trans and non-binary pregnant people without any evidence, consultation, or regard for human rights – the latest in a disturbing pattern of ideological decision-making.

Official Information Act documents prove Minister Costello:

• Took ZERO advice before directing Health NZ to exclude trans and non-binary people from health communications.
• Conducted NO analysis of human rights implications under the Human Rights Act 1993 or the Bill of Rights Act 1990.
• Had NO evidence to support her claim about inclusive language confusing ESL speakers. She just lied about this point.
• Ignored established medical best practice to pursue an ideological agenda.

"Casey Costello presented her personal prejudice as fact," said Paul Thistoll, CEO of Rights Aotearoa. "She claimed inclusive language confused people with English as a second language, yet sought no advice, consulted no one, and had zero evidence. This is governance by discrimination."

The minister's directive forces Health NZ to erase pregnant trans men and non-binary people from existence in health communications – a clear breach of the Human Rights Act 1993.

"First, there was tobaccogate; now it's gendergate. This isn't just about words; it's about trust and a pattern of behaviour," Thistoll continued.

During the tobacco scandal, Costello:

• Ignored Treasury officials who told her "Philip Morris would be the biggest winner" from her $216 million tax cut.
• First denied that a tobacco policy document existed, then claimed not to know who wrote it or how it ended up in her office.
• Was reprimanded TWICE by the Chief Ombudsman for acting "contrary to law" in withholding information.
• Claimed to have "independent advice" supporting tobacco tax cuts, but refused to reveal its source.

"When a Minister bypasses evidence, ignores expert advice, and has a history of transparency issues, it undermines public confidence," said Thistoll. "Whether it's handing $216 million to Big Tobacco or erasing trans people from healthcare, Casey Costello operates the same way: no evidence, no consultation, no transparency, no accountability."

This directive will erase trans and non-binary pregnant people from health communications, potentially denying them vital care, despite research from Dr George Parker showing inclusive language benefits them without harming others.

Rights Aotearoa demands Minister Costello:

1. Immediately reverse this discriminatory and evidence-free directive
2. Issue a public apology to the trans and non-binary community for the distress caused and for pursuing policy without due diligence
3. Commit unequivocally to transparent, evidence-based policymaking, particularly in health

If Minister Costello refuses to uphold her responsibilities and correct this harmful directive by July 1st, Rights Aotearoa will:

• Support pregnant trans and non-binary people to file formal complaints with the Human Rights Commission and pursue proceedings before the Human Rights Review Tribunal to seek a ruling that the directive unlawfully discriminates based on gender identity

"Kiwis deserve healthcare based on facts and fairness, not a Minister's personal crusade," Thistoll declared. "Casey Costello has shown she will sacrifice public health and human rights for her personal ideology. From tobacco to trans rights, she operates without evidence, hides the truth, and puts vulnerable people at risk. This must stop."

Notes:

• OIA response CCHOIA-447 from Hon Casey Costello's office (29 May 2025) confirms no consultation or advice was sought.
• The Human Rights Act 1993 prohibits discrimination on the grounds of sex, which includes gender identity, according to the Human Rights Commission, based on the Crown Law 2006 Opinion.
• Health NZ confirmed they had no policy requiring gender-inclusive language before the minister's intervention.
• Minister previously found to have acted unlawfully by Chief Ombudsman in tobacco policy matters.

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